Notice of initiation of an interim review of the anti-dumping measures applicable to imports of sacks and bags made of polyethylene or polypropylene originating, inter alia, in India
Date: 2001-01-26
Institutions: European Commission
Subjects: India, anti-dumping measure, import, originating product, packaging product, plastics

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Official Journal of the European Communities

26.1.2001

Notice of initiation of an interim review of the anti-dumping measures applicable to imports of
sacks and bags made of polyethylene or polypropylene originating, inter alia, in India

(2001/C 26/02)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 (1),
(EC) No
2238/2000 (2) (cid:151) ((cid:145)the Basic Regulation(cid:146)) of
the measures
imposed on imports of sacks and bags made of polyethylene
or polypropylene originating, inter alia, in India.

by Regulation

amended

last

as

1. Request for review

The request for review pursuant to Article 11(3) of the Basic
Regulation was made by the European Association for Textile
Polyolefins ((cid:145)the applicant(cid:146)), on behalf of European producers
representing a major proportion, in this case 65 %, of the total
Community production of polyethylene or polypropylene. The
request is limited in scope to the examination of dumping of
exports originating in India.

2. Product

The product concerned is woven sacks and bags of a kind used
for the packaging of goods not knitted or crocheted, obtained
from a polyethylene or polypropylene strip or the like of
woven fabrics, weighing 120 g/m2 or less. This product is
6305 32 81,
currently
and
6305 33 91,
ex 3923 29 90. These CN codes
given for
information.

classifiable within
ex 3923 29 10,

ex 3923 29 10

codes

only

CN

are

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Regulation (EC) No 1950/97 (3) on imports of
sacks and bags made of polyethylene and polypropylene orig-
inating in India,
amended by Regulation (EC)
2744/2000 (4).

last

as

4. Grounds for the review

The request for the interim review is based on the evidence
provided by the applicant that the circumstances with regard to
the existing
dumping have changed significantly and that
measures are no longer sufficient to counteract dumping.

The allegation of increased dumping is based on a comparison
of a constructed normal value with the export prices of the
product concerned to the Community. On this basis,
the
dumping margins calculated are significantly higher than the
dumping found in the previous investigations.

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists for the initiation of an interim
review, the Commission hereby initiates a review pursuant to
Article 11(3) of the Basic Regulation, limited in scope to the
examination of dumping of exports originating in India.

This investigation will assess the need for the continuation,
removal or amendment of the existing measures.

(a) Sampling for investigation of dumping

The Commission services have determined that the number
of exporters of
the product concerned in India has
increased significantly since the original measures were
imposed:
the Commission services have been
contacted by 39 companies requesting an individual duty;
secondly,
the Community producers
would lead to the conclusion that there are actually more
than 50 companies in India concerned by the investigation.

the experience of

firstly,

Therefore, in view of the number of parties involved in this
review, the Commission may decide to apply sampling in
accordance with Article 11(9) in connection with Article 17
of the Basic Regulation.

(i) Sampling for exporters/producers in India

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters/producers, or representatives acting on their
behalf, are hereby requested to make themselves known
to the Commission and to provide the following
information on their company or companies within
15 days of the date of publication of this notice:

(cid:151) name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

(cid:151) the turnover in local currency and the volume in
the product concerned sold for
to the Community during the period 1

units and kg of
export
December 1999 to 30 November 2000,

(cid:151) if

the company intends

to claim an individual
margin (individual margins can only be claimed by
producers),

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 276, 9.10.1997, p. 1.
(4) OJ L 316, 15.12.2000, p. 67.

(cid:151) the turnover in local currency and the volume in
units and kg of the product concerned sold on the
domestic market during the period 1 December
1999 to 30 November 2000,

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(cid:151) the precise activities of the company with regard to
the production of the product concerned and the
volume in units and kg of the product concerned
produced during the period 1 December 1999 to 30
November 2000,

(cid:151) the names and the precise activities of all related
involved in the production and/or
the product

companies (1)
selling (export and/or domestic) of
concerned,

Exporters/producers in India claiming an individual margin,
with a view to the application of Articles 17(3) and 9(6) of
the Basic Regulation, should request a questionnaire within
the time limit set in point 6(a)(i), given that they have to
submit a duly completed questionnaire within the general
time limit set in point 6(a)(ii) of this notice. However, such
parties should be aware that
if sampling is applied to
exporting producers the Commission may decide not to
grant them an individual margin,
if it would be unduly
burdensome and would prevent the timely completion of
the investigation.

(cid:151) any other relevant information that would assist the

Commission in the selection of the sample,

(c) Collection of information and holding of hearings

(cid:151) an indication of whether the company or companies
agree to their inclusion in the sample, which implies
and accepting an
replying to a questionnaire
on-the-spot investigation of their response.

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will,
the auth-
orities of
and any known associations of
exporters/producers.

in addition, contact

India

All interested parties are hereby invited to make their views
known, submit information other than questionnaire replies
and provide supporting evidence. This information and
supporting evidence has to reach the Commission within
the time limit set in point 6(a)(ii) of this notice.

Furthermore, the Commission may hear interested parties,
provided that they make a request showing that there are
particular reasons why they should be heard. This request
must be made within the time limit set in point 6(a)(iii) of
this notice.

(ii) Final selection of sample

6. Time limits

interested parties wishing to submit any relevant
All
the sample
information regarding the selection of
must do so within the time limit set in point 6(b)(i)
of this notice.

The Commission intends to make the final selection of
the sample after having consulted the parties concerned
that have expressed their willingness to be included in
the sample.

Companies included in the sample must reply to a
questionnaire within the time limit set in point 6(b)(ii)
and must cooperate within the framework of the inves-
tigation.

sufficient

cooperation is not

If
the
Commission will base its findings, in accordance with
Articles 17(4) and 18 of the Basic Regulation, on the
facts available.

forthcoming,

(b) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the sampled exporters/producers in India and to any
association of exporters/producers, and to the authorities
of India.

(a) General time limits

(i) For parties to request a questionnaire

Parties falling under second subparagraph of point 5(b)
of this notice should request a questionnaire as soon as
possible, but not later than 15 days after the publi-
cation of
the
European Communities.

this notice in the Official

Journal of

(ii) For parties to make themselves known and submit

information

All interested parties, if their representations are to be
taken into account during the review, must make
themselves known by contacting the Commission,
present their views and submit any other information
within 40 days of the date of publication of this notice
in the the Official Journal of the European Communities.
Parties falling under second subparagraph of point 5(b)
of
this notice have to submit questionnaire replies
within the aforementioned 40-day time limit.

Companies selected in a sample must submit ques-
tionnaire replies within the time limits specified in
point 6(b)(ii) of this notice.

(1) For guidance on the meaning of related companies, please refer to
Article 143(1) of Commission Regulation (EEC) No 2454/93
concerning the implementation of the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

(iii) Hearings

All interested parties may also apply to be heard within
the same 40-day time limit.

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(b) Specific time limit in respect of sampling

(i) All information relevant for the selection of the sample
should reach the Commission within 15 days of the
date of publication of this notice in the Official Journal
of the European Communities, given that the Commission
intends
concerned that have
expressed their willingness to be included therein on
the final selection of the sample within a period of
this notice in the
21 days of
Official Journal of the European Communities.

to consult parties

the publication of

specified), and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of the interested party.

Commission address for correspondence:

European Commission,
Directorate-General for Trade,
Directorates B and C,
TERV (cid:151) 0/13
Rue de la Loi/Wetstraat 200,
B-1049 Brussels
Fax (32-2) 295 65 05
Telex: COMEU B 21877.

(ii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date
of the notification of their inclusion in the sample.

8. Non-cooperation

7. Written submissions, questionnaire replies and corre-

spondence

All submissions and requests made by interested parties must
be made in writing (not in electronic format, unless otherwise

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limit, or
significantly impedes the investigation, findings, affirmative or
negative, may be made in accordance with Article 18 of the
Basic Regulation, on the basis of the facts available. Where it is
found that any interested party has supplied false or misleading
information, the information shall be disregarded and use may
be made of the facts available.

Replacement of members of the Consumer Committee

(2001/C 26/03)

The Consumer Committee was set up by Commission Decision 2000/323/EC of 4 May 2000 (1)

By Decision of 23 January 2001, the Commission has appointed the following full and alternate members
of the Consumer Committee, to replace those previously appointed (2), for the remainder of the terms of
office of the members they replace:

For Denmark:

Member

(unchanged)

For ANEC:

Member

Alternate

Mr Villy DYHR

Alternate

Mrs Gottlobe FABISCH

Mr Gordon LANGMANN

(1) OJ L 111, 9.5.2000, p. 30.
(2) OJ C 267, 19.9.2000, p. 6.